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PC Res 3111RESOLUTION NO. 3111 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT TO ALLOW BEER AND WINE SALES IN CONJUNCTION WITH A RESTAURANT USE ON PROPERTY LOCATED AT 1638 W. CAMPBELL AVENUE IN A C-1-S (NEIGHBORHOOD COMMERICAL) ZONING DISTRICT. APPLICATION OF ROYAL KITCHEN CHINESE RESTAURANT. LIP 97-07. After notification and public heating, as specified by law, and after presentation by the Community Development Director, proponents and opponents, the heating was closed. After due consideration of all evidence presented, the Planning Commission did find as follows with respect to application UP 97-07: The proposed on-sale beer and wine service will be offered only in conjunction with the operation of the full service restaurant. The restaurant with the proposed on-sale beer and wine service is located within a C-1-S (Neighborhood Commercial) zoning district and a commercially designated General Plan area. The applicant's proposed operational hours for the on-sale beer and wine service do not exceed the permitted hours of operation for businesses within the C-1-S zone and operating hours of surrounding tenants in the shopping center. 4. The existing parking and circulation will adequately serve the proposed use on site o The proposed use is not significantly different from the previous restaurant use and is compatible with uses on site and with the adjacent land uses. Based on the foregoing findings of fact, the Planning Commission further finds and concludes that: 1. The proposed project is consistent with the City's Zoning Ordinance and General Plan. The proposed project will aid in the enhancement and the harmonious development of the immediate area. The establishment, maintenance, or operation of the use will not be detrimental to the public health, safety, peace, morals, comfort or general welfare of persons residing or working in the neighborhood of such proposed use. 3. The proposed site is adequate in size and shape to accommodate the proposed use. The establishment, with the service of alcoholic beverages, will not result in an over concentration of such uses in the area. The establishment, with the service of alcoholic beverages, will not create a nuisance due to noise, litter, vandalism, traffic or other factors. Planning Commission Resolution No. 3111 UP 97-07 - 1638 W. Campbell Avenue - Royal Kitchen Chinese Restaurant Page 2 o The establishment, with the service of alcoholic beverages, will not significantly disturb the peace and enjoyment of the nearby residential neighborhood The establishment, with the service of alcoholic beverages, will not significantly increase the demand on City services. Further, the applicants are notified as part of this application that they are required to comply with all applicable Codes and Ordinances of the City of Campbell and the State of California which pertain to this application and are not herein specified. And, that this approval is granted subject to the following Conditions of Approval. Approved Project: Approval is granted for a Use Permit to allow on-sale beer and wine service in conjunction with a full service restaurant, Royal Kitchen Chinese Restaurant, located on property at 1638 W. Campbell Avenue. The use shall substantially comply with the applicant's letter of request dated July 9, 1997. Operational Hours: Operational hours of the restaurant are permitted from 6:00 a.m. to 11:00 p.m. o Alcohol and Beverage Control Requirements: The applicant shall obtain a license from the State Department of Alcohol and Beverage Control prior to the sale of alcoholic beverages in conjunction with this Use Permit. Business Operation: No separate bar service is permitted. The service of beer and wine shall be in conjunction with food service for this or any future use. The applicant shall operate and maintain this use in a manner which is not objectionable, offensive or incompatible with surrounding uses. Operation of this use in violation of the Use Permit or City of Campbell standards, codes and ordinances shall be grounds for revocation of the Use Permit. PASSED AND ADOPTED this 12th day of August, 1997, by the following roll call vote: AYES: Commissioners: Alne, Gibbons, Lindstrom, Meyer-Kennedy Commissioners: NOES: .-, ........... None ABSENT: t. ommiss~neP~: JoY--ams, Lowe ' '-~ ABSTAIN: Commissioners: None ~.~,~ I. Bu~Chair ATTES~